Winlack v. Geist
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Jefferson county: Of October Term, 1884, No. 102. Tins was an action of trover and conversion, by J. C. Geist and W. D. Thomas against R. S. Winlaek to recover the value of a raft of square timber claimed by the plaintiffs as their property and taken and converted by the defendant to his own use. Plea, not guilty.
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Error to the Court of Common Pleas of Jefferson county: Of October Term, 1884, No. 102. Tins was an action of trover and conversion, by J. C. Geist and W. D. Thomas against R. S. Winlaek to recover the value of a raft of square timber claimed by the plaintiffs as their property and taken and converted by the defendant to his own use. Plea, not guilty. On the trial, before Kuox, P. J., tbe facts appeared as follows : Jane Aharrah upon February 23d, 1865, by articles of agreement, sold fifty acres of land in Heath township to William J. Winlaek and Jacob Sheas]ey, and after several mesne…
1Opinion of the CourtJustice Greek
*300We are not able to say there was any error in the instructions given to the jury on the subject of the plaintiff’s title. The only complaint that is made relates rather to the title of the plaintiffs’ vendor than to that of the plaintiffs, except in its derivative character. The action is trover, and the plea was “ not guilty,” which of course required the plaintiffs to prove their title. This they did by showing purchase from another who had and delivered possession of the property, a timber raft, to the plaintiffs.
It appeared by the testimony that a portion of the timber was cut upon lands…
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